Occidental Petroleum 2005 Annual Report Download - page 132

(b) Notwithstanding subsection (a), the right to benefits payable with respect to a Participant pursuant to a Qualified
Divorce Order may be created, assigned, or recognized. The Committee shall establish appropriate policies and procedures to determine
whether a Divorce Order presented to the Committee constitutes a Qualified Divorce Order under this Plan, and to administer distributions
pursuant to the terms of Qualified Divorce Orders. In the event that a Qualified Divorce Order exists with respect to benefits payable under
the Plan, such benefits otherwise payable to the Participant specified in the Qualified Divorce Order shall be payable to the Alternate Payee
specified in such Qualified Divorce Order.
9.4 Release from Liability to Participant. A Participant’s right to receive benefits under the Plan shall be reduced to the extent that
any portion of a Participant’s Deferral Account(s) has been paid or set side for payment to an Alternate Payee pursuant to a Qualified Divorce
Order or to the extent that the Company or the Plan is otherwise subject to a binding judgment, decree, or order for the attachment,
garnishment or execution of any portion of the Participant’s Deferral Account(s) or of any distributions therefrom. The Participant shall be
deemed to have released the Company and the Plan from any claim with respect to such amounts in any case in which (a) the Company,
the Plan, or any Plan representative has been served with legal process or otherwise joined in a proceeding relating to such amounts, and
(b) the Participant fails to obtain an order of the court in the proceeding relieving the Company and the Plan from the obligation to comply with
the judgment, decree or order.
9.5 Employment Not Guaranteed. Nothing contained in this Plan nor any action taken hereunder shall be construed as a contract
of employment or as giving any Participant any right to be retained in employment with the Company. Accordingly, subject to the terms of
any written employment agreement to the contrary, the Company shall have the right to terminate or change the terms of employment of a
Participant at any time and for any reason whatsoever, with or without cause.
9.6 Gender, Singular & Plural. All pronouns and any variations thereof shall be deemed to refer to the masculine or feminine as
the identity of the person or persons may require. As the context may require, the singular may be read as the plural and the plural as the
singular.
9.7 Captions. The captions of the articles, sections, and paragraphs of the Plan are for convenience only and shall not control or
affect the meaning or construction of any of its provisions.
9.8 Validity. In the event any provision of this Plan is held invalid, void, or unenforceable, the same shall not affect, in any respect
whatsoever, the validity of any other provision of this Plan.
9.9 Notice. Any notice or filing required or permitted to be given to the Committee under the Plan shall be sufficient if in writing
and hand delivered, or sent by registered or certified mail, to the principal office of the Company. Such notice shall be deemed given as to the
date of delivery or, if delivery is made by mail, as of the date shown on the postmark on the receipt for registration or certification.
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